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8 Nov 2012, 5:01 pm by oliver randl
Moreover, the admissibility of a referral under A 112(1)(a) presupposes that an answer to the question is necessary for the referring board to be able to decide on the appeal (cf. [read post]
11 May 2020, 8:18 pm by John Jascob
The commissioners, in turn, also gave credit to the committee for recommending at its April meeting that the SEC implement temporary Reg CF relief. [read post]
8 May 2014, 10:05 am by Guest Blogger
  Of course, the town can hire its own chaplain presumably—as the legislators in Marsh did—but it is not clear from Kennedy's opinion whether it can tell that chaplain what to say (cf. [read post]
4 Apr 2021, 9:41 am by Florian Mueller
Or, to put it differently, a patent infringer bringing or threatening with a motion for an ASI can generally not be considered a sufficiently willing licensee within the meaning of the jurisprudence of the Court of Justice of the European Unoin and the Federal Court of Justice (cf. [read post]
8 Jan 2016, 7:48 am
Descriptive terms (cf generic terms) can be inherently adapted to distinguish, but only if they can be said to have acquired a secondary meaning. [read post]
15 Nov 2018, 11:08 am by Eugene Volokh
Initially, we reiterate that, although it may ultimately be determined that defendants have libeled plaintiff, "[p]rior restraints are not permissible ... merely to enjoin the publication of libel" (Rosenberg, 290 AD2d at 239; see also Giffuni v Feingold, 299 AD2d 265, 266 [1st Dept 2002]; cf. [read post]
29 Dec 2022, 12:09 pm by Rebecca Tushnet
’”The complaint includes some interesting tidbits, including that other posts would include a "not our client" disclaimer (but maybe, based on the discussion, Jackson actually was their client, but not for penile enhancement)--see the images below.replies implying he was a client, which the complaint doesn't directly controvert"not our client" example of Instagram post (note that this wouldn't remove ROP liability unless the First Amendment protects… [read post]
8 Jan 2024, 9:18 am by Marcel Pemsel
While deception under trade mark law is only assessed in relation to the mark and the goods and services as indicated in the application, the misleading character under unfair competition and food law allows taking into account circumstances outside the (allegedly) misleading trade mark, such as information on the label (cf. [read post]
27 Mar 2013, 6:01 pm by oliver randl
Apart from that, the fact that the appellant is not required to come up with new arguments does not mean that the decision under appeal should not be addressed at all. [1.5] Decision T 934/02 [2] found an appeal to be sufficiently substantiated even in the absence of arguments dealing with the contested decision if two criteria were met: “(i) The subject of the proceedings has changed e.g. due to the filing of a new set of amended claims together with the statement of grounds, and (ii) The… [read post]
4 Feb 2013, 5:01 pm by oliver randl
As a matter of fact, there should not be a completely “fresh case” in appeal proceedings (cf. [read post]
19 Jan 2015, 1:53 pm
Turza, 738 F.2d 682 (7th Cir. 2013) (Judge Posner rejecting trial judge’s unilateral decision to seize residue of a settlement and award it to Legal Aid as “cy pres”); Cf Redman v. [read post]